Pandiyan@Karikadaipandiyan v. Inspector Of Police

Bail Slip 1.Pandiyan @ Karikadaipandiyan 2.Dhanraj 3.Sarathkumar @ Sarath 4.Nagendran ... Appellants in Crl.A.(MD)No.458 of 2010 M.Rajini @ Rajiniraj ... Appellant in Crl.A.(MD)No.463 of 2010 were released on bail vide order made in MP(MD).No.1/2010 in Crl.A (MD).No.458/2010 and MP(MD).No.1/2010 in Crl.A.(MD).No.463/2010. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A.(MD)Nos.458 and 463 of 2010 1.Pandiyan @ Karikadaipandiyan 2.Dhanraj 3.Sarathkumar @ Sarath 4.Nagendran ... Appellants in Crl.A.(MD)No.458 of 2010 M.Rajini @ Rajiniraj ... Appellant in Crl.A.(MD)No.463 of 2010 Vs.

State rep by The Inspector of Police, Anna Nagar Police Station, Madurai.

... Respondent in both Crl.As (Crime No.837 of 2009) Common Prayer: Criminal Appeal is filed under Section 374 of Cr.P.C, to set aside the judgment dated 24.11.2010 made in S.C.No.26 of 2010, on the file of the learned Additional Sessions Judge Cum Fast Track Court No.III, Madurai.

For Appellant : Mr.C.Mayil Vahana (in Crl.A.(MD)No.458 of 2010) For Appellant : Mr.G.Marimuthu (in Crl.A.(MD)No.463 of 2010) For Respondent : Mr.A.Robinson (in both Criminal Appeals) Government Advocate (Crl. Side)

C O M M O N J U D G M E N T The appellants in these appeals were found guilty of the offence and sentenced as follows:- Accused Penal Provisions Punishment A1 to A5 148 IPC To undergo one one year rigorous imprisonment 307 IPC To undergo 4 years rigorous imprisonment and to pay a fine of Rs.1,000/-. In default, to undergo 6 months rigorous imprisonment.

307 IPC r/w.

149 IPC To undergo 3 years rigorous imprisonment and to pay a fine of Rs.1,000/-. In default, to undergo 6 months rigorous imprisonment.

Questioning the judgment dated 24.11.2010 in S.C.No.26 of 2010, on the file of the learned Additional Sessions Court, Fast Track Court No.III, Madurai, these appeals have been filed by the five accused. 2.When the matter was taken up for hearing, the learned counsel appearing for the appearing for the appellants submitted that they would not challenge the conviction imposed on them and that they would be satisfied if leniency is to be shown in the matter of punishment. It is seen that the appellants were students during the relevant time and that they had already spent about 50 days in incarceration. The occurrence had taken place some 10 years ago. Therefore, I am of the view thast even while sustaining the conviction, sentence can be modified.

Therefore, the sentence imposed on the appellants is reduced to the period already undergone by them. The appellants through their counsel gave an undertaking that each appellant will pay a sum of Rs.3,000/-. The appellants are directed to deposit a sum of Rs.3,000/- each to the credit of S.C.No.26 of 2010, on the file of the learned Additional Sessions Judge, Fast Track Court No.III, Madurai, within a period of six weeks from the date of receipt of a copy of this judgment. In the event failure on the part of the appellants to do so, the defaulting appellant will have to undergo default sentence of six months simple imprisonment. On such deposit, the Trial Court shall hand over a sum of Rs.7,500/- to P.W.2/Ravikumar and a sum of Rs.7,500/- to P.W.3/Pandiaraj.

these criminal appeals are partly allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To:

1.The Additional Sessions Judge Cum Fast Track Court No.III, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Section Officer, (2 Copies) Criminal Section/Records, Madurai Bench of Madras High Court, Madurai.

Crl.A.(MD)Nos.458 and 463 of 2010 17.07.2019 ias JMN(19.08.2019) 3P : 6C